N.M. Admin. Code § 18.3.1.13 - INSPECTIONS AND INVESTIGATIONS
A.
Inspections: The department
may inspect a motor carrier's operations for legal compliance at any time and
without prior notice, regardless of the status of the motor carrier's operating
authority.
B.
Investigations: A full or partial investigation may be initiated
if an inspection reveals, or the department otherwise is alerted to, a possible
violation by the motor carrier of an applicable law or prior department
order.
C.
Findings and
Remedies:
(1) Within 30 days following
an inspection, the department shall provide a written report to a motor carrier
outlining any required corrective measures and timelines. Failure to timely
address the identified deficiencies may result in further proceedings and
penalties, as provided by law;
(2)
The department may issue a red tag or cease and desist order at the time of
inspection or investigation if immediate action is required by the motor
carrier to avert the identified dangers or risks to public safety. Failure to
take immediate action to discontinue, remedy or prevent the violations may
result in the immediate suspension of all operations and other penalties, as
provided by law;
(3) A motor
carrier that obstructs or prohibits an inspection or investigation of any of
its operations or applicable records shall be deemed a risk to the public
safety and be subject to an immediate cease and desist order for all or part of
its operations.
Notes
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